April 2014: Issue 10 The quarterly Newsletter for Investigators and Prosecutors Serious about Crime INDICTMENTFollow for regional legal updates at: https://twitter.com/IndictmentEC
The United States Department of this contributes to the resul ng increase in State released their 2014 convic ons. Interna onal Control Strategy Report This first quarter of 2014 has seen new legisla ve amendments, launch of a Prison with the significant news that drug Video Link, new publica ons to assist the fight convic ons in the Eastern Caribbean against organised crime, issuance of Prac ce in 2013 were up by 21% from 2012 Direc ons and an important Judgment from the see: h p://www.state.gov/j/inl/rls/ Privy Council on the role of the DPP. It is hoped these will lead to even more successful judicial nrcrpt/2014/vol1/222883.htm outcomes and we report on these This increase is due to the dedica on of the developments to assist with that aim! Coast Guard, Customs and the Police who have We also include our regular features: Stop the interdicted more cocaine and cannabis in 2013 Press and Legal News from the Region. (cocaine seizures increased more than 400% Also, as we approach the World Cup in Brazil, from 2012). Another factor is improving case prepara on, through be er co-ordina on, Mr Belmarsh recounts a football coverup that between inves gators and prosecutors. led to the fall from grace of a contender! Importantly new legisla on, notably cash As always please follow for regular regional seizure provisions and the use of video updates at: h ps://twi er.com/IndictmentEC recording of interviews, are being applied. All of 1 Follow for regional legal updates at: https://twitter.com/IndictmentEC
In this Edition:!! ! ! Page
The Power to Request...... 3
Paying for our Security...... 5
Investigation Anonymity...... 6 !Application for Investigation Anonymity...... 7 Application for Witness Anonymity Order...... 8 Application for Special Measures...... 9 Application for Live Link for witness out of State.12
Proving the Point...... 13
A Survivor’s Story...... 14
The Rise and Fall of Tony Kay...... 15
Stop the Press ...... 18
Legal News from the Region - Laws...... 19
Legal News from the Region - Decisions.....20
Legal News from Around the World...... 21
Editor: Sejilla Mc Dowall
Opinions expressed in this newsletter do not necessarily represent the views of the UK or US Governments
2 THE POWER TO REQUEST The Privy Council delivered its Judgment in the Commissioner of Police and another v Steadroy C.O. Benjamin [2014] UKPC 8 on 16th April 2014. In this article we consider the affect on the working relationship between the police a power which arises by necessary implication - to instruct the police not to institute criminal proceedings against an and the DPP in the region. individual. The nature of a constitution requires that a broad, The facts of this matter relate to the issuance of an Antigua and generous and purposive approach be adopted to ensure that its Barbuda passport in the name of Tyrel Dusty Brann found in the interpretation effects the deeper inspiration and aspiration of possession of Jamaican national, Shane Allen, with a photograph of the basic concepts on which it Is founded. A construction of the the likeness of Allen. The police started an investigation and upon Constitution which leads to the police disregarding instructions review of the application form for the passport, discovered that Mr of the Director of Public Prosecutions not to prosecute by Steadroy Benjamin had countersigned that the photograph was a relying on the power to institute proceedings under the Police true likeness of Brann, who he declared he had known for two Act would be narrow, ungenerous and not purposive.” years. However Mr Brann had died several months previously. Therefore the question for the Privy Council was: Does the DPP Mr Benjamin provided a statement to the police, believing that this have a general power to prevent the police from instituting criminal would be used in a prosecution against those who applied for the proceedings? passport. In this statement Mr Benjamin explained that he had countersigned the application believing that his statements were The Board, following the minority decision of the then Pereira J.A. in true. the Court of Appeal, answered negatively and found difficulty with the majority decision that a DPP has the power to prevent the Police The Police were going to charge Mr Benjamin with an offence from instituting proceedings as implicit in his power under the contrary to the Forgery Act, when the DPP became aware of this Constitution to discontinue proceedings. The Board, reconciled that decision. The DPP reviewed the Police file and resolved that guilt as persons and authorities other than the Police can institute couldn’t be established and instructed that Mr Benjamin shouldn’t proceedings, such as Inland Revenue or the Immigration be charged. The Police aware of this instruction, continued to lay a Department and there is no power to prevent them issuing complaint and a summons was issued against Mr Benjamin. proceedings, logically the power to prevent cannot be derived from the power to discontinue (paragraph 26) Mr Benjamin filed an application for leave to apply for judicial review of the Police Commissioner’s decision to lay complaints against However, Lord Wilson who delivered the Judgment on behalf of the him. This was on the basis that the Commissioner’s decision was Board, held that (paragraph 33): unlawful considering the DPP’s instruction. Harris J in the High “The Board’s conclusion does not disable it from stressing the Court ruled that the DPP didn’t have the power to prevent the Police importance of a good, mutually respectful, working relationship from laying complaints. between the police and the Director. Unresolved conflict between them of the sort exemplified in this appeal damages The Court of Appeal reversed this decision and held that the DPP public confidence in the administration of justice. The Director was able to guide the Police on whether to institute proceedings by can generally be expected to have a wider perception than the way of charge. police of whether, for example, a proposed prosecution is in the In summary the Court of Appeal held (see page 2 of Judgment public interest. The Director cannot instruct but he can request. HCVAP 2009/023): The police would be wise to tread with care before deciding to reject a request by the Director not to institute proceedings.” “When one considers the full amplitude of the powers conferred The issue remains, that whilst the DPP occupies a paramount upon the Director of Public Prosecutions, it would take an position according to the Constitutions of the region, will the Police overly austere reading of the Constitution to hold will follow any such “request”? notwithstanding the power to discontinue proceedings brought Continued on page 4 by police, the Director of Public Prosecutions lacks the power -
3 THE POWER TO REQUEST
The police would be wise to tread with care before deciding to reject a request by the Director .... Paragraph 33 from the Judgment refers to an example of public interest stages, (known as the “Full Code Test”) applying the public interest test. What about consideration means the DPP and the public would know that a decision of the evidence for those most serious of offences so there has been made using objective principles. Conversely, if the is a robust prosecution case? Where evidence is complex Police can’t justify a decision, but they still intend to will the Police be best placed to decide charges? In cases continue to charge, then following the principles in involving a well known public figure, is the DPP best placed paragraph 33 of the Board’s Judgment and the Code, the to advise on charge due to his independence? DPP would be well within his or her rights to request that the person isn’t charged. The answer to the consideration of evidential issues must be that the Police and DPP work together as a “Prosecution However will a DPP’s request be followed, if before Team” applying objective and coherent policies, charging, further evidence is needed to satisfy the such as the Code for Prosecutors (or Guide in DPP that there is a reasonable prospect of Antigua and Barbuda), on the most serious, The Director conviction as stipulated in the Evidential Stage of complex and notorious matters. There should cannot instruct the Full Code Test? The Board’s Judgment makes be a “cradle to grave” approach from but he can it clear that the Police would be wise to follow the investigation to prosecution, to confiscation of request request from the DPP, who would have a “wider assets. Then any future damage to public perception” of public interest issues. In appropriate confidence in the administration of justice will be matters this should also extend to evidential issues, significantly reduced. which are complex, sophisticated and involve difficult questions of law. As the Codes of the region state in the It would seem sensible that both the Police and the DPP DPP’s introduction: work consistently and know how their respective decisions are made applying the Code. This will then prevent conflicts, “Great care must always be taken by those who decide as each know why they are making their respective these issues, always remembering that wrong decisions decisions or requests, using a benchmark test. may destroy lives and undermine confidence in the criminal justice system as a whole. A decision to This is the exact purpose of the Code for Prosecutors. prosecute should only be taken after the evidence and Making a decision applying the two stage evidential and the surrounding circumstances have been fully considered.”
CODE FOR ANTIGUA AND DOMINICA GRENADA ST KITTS ST LUCIA ST VINCENT PROSECUTORS BARBUDA AND AND THE NEVIS GRENADINES
The Code has a Launched on Draft Launched Launched Code of Launched on two stage test: 1st January approved on 1st on 21st Conduct for 16th August Evidential and 2013 for use January March Crown Counsel 2011 Public Interest as of 1st 2013 2012 - 2nd Edition as detailed in January launched on all the 2012 29th September following Codes 2011 in the region
4 PAYING FOR OUR SECURITY By Nicola Suter
Today the Eastern Caribbean, in common with all other countries in the world, faces mounting costs of resourcing, training and improving the efficiency of their criminal justice agencies to maintain a high level of citizen and border security. The threat from drug trafficking, and all associated crimes, and education programmes, with a maximum of ten percent going to continues to be particularly pernicious in this region. One of the most the Consolidated Fund. important means of combatting transnational criminal organizations Similarly, the Saint Vincent and the Grenadines Proceeds of (TCO) is by seizing their illicit wealth, which we know many TCO Crime Act 2013, contains new provisions relating to the Confiscated members fear more than jail time. Combatting this sort of serious Asset Fund. That Fund (which already existed under the previous Act) crime takes dedication, innovation and money. now operates in such a way that all proceeds of a confiscation, In times of global austerity, meeting these costs is hard. forfeiture or civil recovery order (after certain priority payments such Assistance from international partners can never guarantee that these as compensation or amounts owing to foreign jurisdictions pursuant vital agencies have the capacity to do their job effectively in the future. to asset sharing agreements) will be paid, according to predetermined There is a way to help meet these costs, while combatting serious percentages, and in addition to amounts allocated under the budget, crime at the same time. Using recovered proceeds of crime to to the Coast Guard, Customs, Regional Security Service, Police, resource your criminal justice agencies is not only possible (it is Financial Intelligence Unit, National Prosecution Service, Chambers of already being done in many jurisdictions around the world) but it is the Attorney General, Court and drugs education and awareness vital, especially in developing economies. To be sure, the primary programmes. reason for asset seizure, whether civil or criminal, is to combat These are certainly positive steps for this region. It now remains transnational organized crime. Still, channelling those illicit proceeds for the proceeds of crime to be finally recovered and the proceeds back to reinforce law enforcement, prosecutors, victim restitution, and placed into the funds. Freezing, restraining or seizing assets is an drug abuse prevention and treatment are important ancillary benefits interim measure and does not transfer the ownership of the assets. that can provide Eastern Caribbean governments with the means to Despite the time post-conviction legislation has existed in this region, assure the integrity of their borders and the security of their citizens. only two confiscation orders have been made. No money has been The Eastern Caribbean is steadily strengthening its proceeds of recovered pursuant to these orders. crime legislation. Civil recovery powers have now been introduced in To be successful in stripping criminals of their ill-gotten gains and three jurisdictions in the Eastern Caribbean in the last year. Dominica using these illicit assets to better resource our crime fighting agencies, Proceeds of Crime (Amendment Act 2013), Saint Vincent and the this region must view post-conviction confiscation and pre-conviction Grenadines (Proceeds of Crime Act 2013) and Antigua and civil recovery as a top priority. It should be a routine part of every Barbuda Proceeds of Crime (Amendment) Act 2014. case. In the case of civil recovery, it is not even necessary to achieve All the island States of the Eastern Caribbean have had legislation a conviction to recover assets, provided that the High Court is to allow for post-conviction confiscation for at least a decade. satisfied that they have been obtained through unlawful conduct. Many jurisdictions in the region have funds in place designed to The UNODC estimates that in 2009, $2.1 trillion in crime receive the proceeds of confiscation and/or forfeiture orders. These proceeds were generated globally. Countries in the Caribbean were funds can be used to resource certain criminal justice agencies. the most important destination for laundering cocaine trafficking- Some jurisdictions have recently introduced an even more structured related income, with annual net inflows of around $6 billion, according type of asset sharing to ensure that any money recovered pursuant to to a 2011 UNODC research report estimating illicit financial flows - a confiscation, recovery or forfeiture order is plowed back into the transnational organised crimes. Confiscation or civil recovery of even criminal justice system, in predetermined percentages, to supplement 1% of this amount could make a huge difference to the security and the amount paid to criminal justice agencies under the national stability of this region. budget. The small island states of the Eastern Caribbean are working hard The Dominica Proceeds of Crime (Amendment) Act 2013 to introduce robust proceeds of crime and structured asset sharing contains provisions that provide for all money recovered pursuant to a legislation. They have the tools at their disposal to make a huge confiscation, recovery or forfeiture order to be placed into the Asset difference in this region. Now is the time to use them to their full Forfeiture Fund. This Fund must be used exclusively to supplement effect. resources allocated to criminal justice agencies and drug rehabilitation Nicola Suter is the Financial Crimes Advisor to the US Embassy and consults on implementation of civil recovery in the region. 5 INVESTIGATION ANONYMITY: PROTECTING WITNESSES IN GRENADA In March, Parliament in Investigation anonymity (d) That the person likely If the application is Grenada passed the orders are only available in to have committed the refused by a Magistrate, Protection of Witnesses limited circumstances, offence is aged over 18 an appeal can be made to Act 2014. This is the first which are: and a member of a group the High Court. An appeal Act of its type in the engaging in criminal can only be made if an region that also allows (a) That a qualifying activity where the majority indication is given in the for protection of those offence, defined in section of its members are at application that an appeal assisting inquiries 4 as an offence where the least 18 years old will be made or at the through investigation maximum penalty is ten hearing of the application Applications can be made anonymity. Here is a years or more before the Magistrate. to a Magistrate by the short summary: imprisonment, has been When such notice is committed; Commissioner of Police or provided, the Magistrate the DPP and can be Applications for witness will grant an Investigation (b) That the person to be considered on the papers anonymity can be made Anonymity Order pending anonymised can provide pretrial under sections 4 rather than at a hearing. the High Court appeal. to 10 of the Protection of information and more A precedent application Witnesses Act 2014 in likely than not, will provide The granting of an Grenada. The orders that information for a form is provided in Annex investigation anonymity Z7 of the Guide to known as investigation criminal investigation into order does not guarantee Investigation and anonymity orders can be the qualifying offence; that anonymity will be requested at the very start Prosecution of Serious granted at the trial. A (c) That the person to be Organised Crime, Fifth of an investigation thus separate application has anonymised has providing early certainty to Edition and replicated on to be made for a trial reasonable grounds to page 7 - please note this people, who may have anonymity order under fear intimidation or harm if has more detail than the relevant information, that Part 3 of the Protection of they were identified as their identities will not be form (1) prescribed in the Witnesses Act 2014 assisting the investigation; Act. disclosed.
GRENADA: PROTECTION OF INVESTIGATION WITNESS SPECIAL VIDEO LINK FOR WITNESSES ACT 2014 ANONYMITY ANONYMITY MEASURES WITNESS OUT OF STATE
Section 4: Section 11: Section 23: Section 34 Qualifying Offence Abolition of Live Link Section 5: Common Law Section 24: Application at Qualifying Criminal Rules Evidence in Form 9 (see Investigations Section 13: Private page 12) Section 7: Application Section 25: Application Section 14: Video Recorded Section 8: Conditions for Evidence Conditions for making Order Section 26: making Order Section 15: Video Recorded Section 9: Relevant Cross Appeal against Considerations Examination Refusal to Make an Section 16: Section 27: Order Discharge or Examination Section 10: Variation Order through an Discharge of Order Section 17: Intermediary Privacy as to Section 28: Application at Form Address Aids to 1 (see page 7 Communication below) Application at Application at Form 4 (see Form 7 (see Page 8 below) pages 9-11 below)
6 Application for an investigation anonymity order
IN THE
[NAME OF COURT] [DPP or Chief of Police] Applicant
(1) Application is made that there are reasonable grounds for believing that the following conditions are met.
(a) That the following qualifying offence has been committed: □ murder; □ attempted murder; □ manslaughter; □ robbery; □ attempted robbery; □ rape □ attempted rape
(b) That the person who would be specified in the order has reasonable grounds for - □ fearing intimidation or harm if identified as a person who is or was able or willing to assist the criminal investigation as it relates to the qualifying offence – PLEASE DETAIL
(c) That the person who would be specified in the order – □ is able to provide information that would assist the criminal investigation as it relates to the qualifying offence – PLEASE DETAIL; and □ is more likely than not, as a consequence of the making of the order, to provide such information;
(d) That the person likely to have committed the qualifying offence is –
□ a person who was at least 18 years of age at the time the offence was committed;
(e) That the person likely to have committed the qualifying offence is likely to have been – □ a member of a group falling within section 8 (3) at the time the offence was committed.
(f) If the Application is refused an appeal will be made to the High Court
□ Yes □ No
An investigation anonymity order is applied for. [Signed]
Applicant 7 Application for witness anonymity order [Form 4 of Protection of Witnesses Act 2014]
IN THE [NAME OF COURT] [name] Applicant v [name]
Defendent
Application is made that a witness anonymity order is necessary for the measures below (check boxes as appropriate) to be used –
□ Name and other identifying details of the witness are withheld and removed from materials disclosed to any party to the proceedings
□ Witness use a pseudonym
□ Witness is not asked questions of [specify description of questions] that might lead to the identification of the witness
□ Witness is screened to [specify extent]
□ Voice of the witness is subject to modulation to [specify extent] in order to protect the safety of the witness [name of witness] or [name of another person] or to prevent any serious damage to property or to prevent real harm to the public interest, whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities, or otherwise;
and having regard to all the circumstances, the taking of the measures above would be consistent with the defendant receiving a fair trial;
and it is necessary to make the order in the interests of justice by reason of the fact that it appears to the court that it is important that the witness should testify and the witness would not testify if the order was not made.
A witness anonymity order is applied for.
[Signed]
Complainant. Taken and sworn this day of , 20
8 Application for a Special Measures Direction [Form 7 of Protection of Witnesses Act 2014] IN THE [NAME OF COURT] [name] Applicant. v [name]
Defendant
Application is made that the witness [name of witness and date of birth] is eligible for assistance because of fear or distress, [give details and explain why the quality of the evidence for the witness is likely to be diminished because of that].
Explain why special measures would be likely to improve the quality of the evidence of the witness.
Which measure(s) would be likely to maximize so far as practicable the quality of the evidence of the witness? (check boxes as appropriate)
Evidence by live link □
Evidence in private □
Video recorded evidence □
Video recorded cross-examination or re-examination □
Intermediary □
Aids to communication □
Evidence by live link (complete if special measures direction is for evidence by live link)
Do you want the witness to give evidence: Using the court’s own live link? □ or From somewhere else? □
Tick which you propose.
9 Explain why you want the witness to give evidence from somewhere else. Give the address from which you propose the witness should give evidence, unless you want the court to direct that the address need not be revealed.
Who do you propose should accompany the witness while he or she gives evidence? Give that person’s name, if known, and relationship to the witness (if any).
Why would that person be an appropriate companion for the witness ? (Include the witness’ own views)
Evidence in private (complete if special measures direction is for evidence in private)
Explain on what grounds you want the witness to give evidence in private.
Video recorded interview as evidence in chief (complete if special measures direction is for video recorded interview as evidence in chief) When was the interview ? …………………………………... (date)
Was the interview conducted through an intermediary ?
□ No □ Yes If yes, complete
Was any aid to communication used in conducting the interview ?
□No □ Yes If yes, give details.
How long is the full version of the recording ? …………… (hours/minutes)
Has an edited version been prepared for use in evidence ?
□ No □ Yes
When did you serve:
(a) the full version? ……………..………………….... (date)
(b) the edited version (if any)? ….………………..... (date)
Do you want the court’s permission for the witness to give evidence in chief otherwise than by means of the recording ?
□ No □Yes
If yes, explain why.
10 Intermediary (complete if special measures direction is for intermediary) Describe the witness’ communication needs, and the proposed arrangements for questioning the witness. Attach any relevant report, including an intermediary’s assessment if available. ‘Ground rules’ for questioning must be discussed between the court, the advocates and the intermediary before the witness gives evidence, to establish (a) how questions should be put to help the witness understand them, and (b) how the proposed intermediary will alert the court if the witness has not understood, or needs a break.
Give the proposed intermediary’s (a) name and (b) (if relevant) occupation, skills and professional qualifications.
Is the intermediary known, or related, to the witness? □ No □ Yes
If yes, give details.
Has the intermediary been used in any other part of the investigation or pre-trial preparation?
□ No □ Yes
If yes, give details.
Where a video recorded interview was conducted through an intermediary:
(a) was that intermediary the person named above? □ No □ Yes
(b) did that intermediary make a declaration? □ No □ Yes
Aids to communication (complete if special measures direction is for aids to communication) What device is proposed as a communication aid?
Might the use of this device affect the conduct of the trial ?
□No □ Yes If yes, give details.
A special measures direction is applied for.
Dated this day of , 20
[Signed] Prosecutor or Defendant/ Defendant’s [attorney-at-law]
11 Application to use Live Link for a Witness out of State
[Form 9 of Protection of Witnesses Act 2014]
IN THE [NAME OF COURT] [name] Applicant v [name]
Defendant
Application is made that the witness [name of witness and date of birth] is eligible to give evidence via the live link because they are out of State, [give details and explain why out of State].
Explain why you want it is expedient for the witness to give evidence via the live link rather than giving evidence in State
Give the address from which you propose the witness should give evidence, unless you want the court to direct that the address need not be revealed.
[Signed]
DPP or Defendant/ Defendant’s [attorney-at-law]
12 PROVING THE Charles during a Media event at the Police Headquarters in POINT! Kingstown. Saint Vincent and the Some 1000 copies were printed Grenadines lead the way and published in Barbados after again with the launch of their three months of compilation by new publication: Points to the National Prosecution Service, from June to September 2013. Prove. DPP Colin Williams said the This new publication, now a “Points to Prove” will be a good standard issue to police and to reference guide for Police Officers the training school will help as over 30 offences are covered officers to: in the document, including newer 1. Know all the points to offences such as money prove when taking a witness laundering and human trafficking. or victim statement; He said the document represents 2. Best practice for a collaborative effort between identification parades; investigators and prosecutors and 3. Know all the points to is an important step forward in prove when interviewing a positively enhancing the criminal suspect; justice system. 4. Know powers of arrest; 5. Know powers of search; Meanwhile, Point Person for the and Booklet within the Office of the 6. Asset recovery powers DPP, Crown Counsel Tammika Mc Kenzie said her experiences from The “Points to Prove” P2P several courts here, have showed Booklet was made available that all elements of an through a collaboration between offence were often not properly The Launch of the P2P the Office of the Director of Public identified during criminal Top: Tammika Mc Kenzie, Prosecutions (DPP), the Royal investigations She added that the the author of the Saint Vincent and the Grenadines Saint Vincent and the Grenadines idea is that each Police Officer P2P with Commissioner Police Force, the British High Charles can have the booklet as a Commission in Barbados and the reference point. Middle: The new P2P US Embassy to Barbados and the (Source: NBC SVG 6th March 2014) Bottom: Colin Williams Eastern Caribbean. (Right - DPP) and Colin John (Left - Assistant You can view the Points to Prove DPP) at the media launch The Director of Public within the Guide to Investigation Prosecutions, Colin Williams and Prosecution of Serious handed over the document to Organised Crime, Fifth Edition. Commissioner of Police, Michael 13 This short film produced Fact: by the British High Commission and US 1 in 3 woman will Embassy hears from a survivor of domestic suffer domestic violence. violence in the The film is not only about suffering but also Caribbean hope that we can come together to speak out against Domestic Fact: Violence The film is now We need to End the available on Silence on Domestic YouTube at: http:// Violence. youtu.be/ HM35vjPdgb4
The Film Stills from the film (above) with Lisa-Marie, the “Survivor” speaking out (left)
14 encouraged to place a £50 bet on his own team to lose the match at Portman Road by two goals to nil. Kay, Layne and Peter Swan – an established England THE RISE international and a member of his country’s World Cup squad in the 1962 finals in Chile – were all AND FALL involved in the plot. Ipswich duly won the match 2-0 and the three picked up a tidy £100 profit each. OF TONY On 22 December, Wednesday travelled to Goodison Park and drew 2-2 with Everton. Five days after that “Toffees” boss Harry Catterick, who had managed KAY Kay at Wednesday, paid a British record fee of By David Belmarsh £55,000 for a wing-half to bring him to Merseyside. Kay, who had played just over 200 games for the “Owls” had not requested a transfer and was therefore entitled to a percentage of the fee. With the maximum wage now abolished he would also have received a hike in both wages and bonus payments on joining the “Bank of England” club, as the hugely ambitious Everton was dubbed in those days.
Betting scandals are currently the cause The signing of Kay proved to be the icing on the cake as Everton literally skated to the title in what of great concern throughout world became the most protracted season ever, after the football, but this is far from being a new worst winter in living memory had caused havoc with phenomenon in the sport. the fixture list. The following season they competed as England’s representatives in the prestigious Tony Kay will forever be remembered as the European Cup, unluckily going out to eventual footballer who threw away the chance to play winners Internazionale Milan after two close-fought tactical battles. Over the 180 minutes of attrition, in a World Cup Final for £100. only a solitary goal from Brazilian star Jair separated In 1963 he helped Everton to their first League the teams. Championship win in nearly a quarter of a century By this time Kay had pulled on an England jersey and he also won what was expected to be the first of and scored his first goal for his country. many full England caps in an 8-1 win over Switzerland. England were due to take part in the “Little World Cup” in the summer of 1964 with games in South In August of that same year the combative red- America against Brazil, Portugal and Argentina and haired midfielder embarked on his first full season Kay was fully expected to be in manager Alf with the Merseyside club and having settled in so Ramsey’s plans for that tournament which was a well to his new surroundings manager Harry taster to the Finals in England two years later. Catterick further rewarded his club’s inspirational new star by appointing him as team captain. At the Everything in his football garden was rosy. age of 27 he was at the very peak of his powers. But just as the 1963-64 season neared its end the Then in April 1964, Kay’s world imploded - and his bombshell struck. The “Sunday People” newspaper past caught up with him. ran a sensational front page story alleging major corruption in football and naming Kay and his co- On December 1, 1962, his previous club Sheffield conspirators Layne and Swan - as well as seven Wednesday travelled to Ipswich for a routine First others - in what they properly described as “the Division league match. Wednesday, at this particular scoop of the year.” Kay and Swan took centre stage time, were in the midst of a run during which they in the match-fixing expose as they were the most were destined to go fully nine matches without a win. high profile of the players named and shamed. This Kay claims that he was approached by team-mate article continues on page 16 David “Bronco” Layne at some point and 15 THE RISE AND FALL OF TONY KAY But just as the 1963-64 season neared its end the bombshell struck. The “Sunday People” newspaper ran a sensa onal front page story alleging major corrup on in football and naming Kay and his co- conspirators Layne and Swan - as well as seven others - in what they properly described as “the scoop of the year.” Kay and Swan took centre stage in the match-fixing expose as they were the most high profile of the players named and shamed. This ar cle con nues on page 10
It transpired that the famous crusading newspaper Jimmy Gauld had been approached by an ex- player named Jimmy Gauld who had been a journeyman inside- forward with a number of clubs – Charlton, Everton, Plymouth, Swindon, St. Johnstone and Mansfield (alongside Layne) – and offered the story.
Gauld having masterminded the whole be ng scheme - which is said to have cost bookmakers a small fortune - was perfectly placed to give the newspaper chapter and verse on everyone and everything involved. This ‘ Judas of self-interest’ got £7,000 for selling his soul.
Based on Gauld’s informa on, Kay was lured into a car for a private chat by a reporter named Mike Gabbe , who claimed to be a friend of Gauld’s , and was somehow encouraged to talk in some detail about the incrimina ng Ipswich bet. Li le did he Harry Catterick know that Gabbe had a tape recorder running.
When the story broke Kay was immediately put on “gardening leave” and some seven months later, having ini ally pleaded not guilty to the charge of conspiracy to defraud, he and the other nine involved, were all found guilty a er a jury trial at No ngham Crown Court.
Kay was sentenced to four months imprisonment and fined £150. On release he also received a life ban from football by the Football Associa on.
Pools coupons were huge business in those days and the very fact that matches could be rigged was poten ally enormously financially damaging to the likes of Li lewoods. It is hugely ironic and en rely co-incidental that John Moores - the man behind the Li lewoods empire - should also happen to be the man who bankrolled Kay’s transfer to Everton in his capacity as chairman of the Merseyside club! David “Bronco” Layne (left) Peter Swan (right) This article continues on page 17
16 THE RISE AND FALL OF TONY KAY Kay’s life ban was li ed a er just seven years but by in a Bri sh court of law. Following his release from that me age had well and truly caught up with the prison Kay was “invited” to London to meet fallen star and there was to be no way back for him. notorious East End gangsters the Kray Twins as they were “professionally” interested in hearing first- He is reported to have said at some point that he hand from the disgraced footballer how he had got involved in the Ipswich bet because they come to incriminate himself without a policeman in (Wednesday) had never done well at Portman sight. Road. That, on examina on, is not strictly accurate. Whilst they did lose home and away to Ipswich On 30th July 1966 as the joyous England players ran during season 1961-62 when the East Anglian team around Wembley with the World Cup in their were surprise winners of the 1st Division tle, on hands, Kay, whom many felt could have been in the the previous occasion the two sides had met there side at the expense of the less gi ed Nobby S les, on League business Wednesday had come away must have deeply regre ed the day he “sold the with a 2-0 win. jerseys”.
He also spuriously claimed as part of his own defence that he had been named “man of the match” in the, by now, notorious fixture by the very newspaper which was to prove to be his nemesis. That proved nothing and could be said to have been simply the extra effort expended by him to ensure that the pre-arranged result was indeed achieved. The match reporter, obviously unaware of any bet, would doubtless have regarded Kay’s great endeavours as posi ve rather than the converse.
Whilst Kay may have thrown his career away for a piffling hundred quid the real losers were Everton and Football.
Everton lost their team captain and the huge money they had invested in him just 16 months before, whilst Football lost a level of integrity from which, if truth be told, it has never fully recovered.
Many pundits have since expressed the view that the sentence meted out to Kay and his cohorts was par cularly harsh but Tony Kay be er than anyone must have known what he stood to lose – if he was On his release, after serving ten ever to be caught. weeks, Tony Kay was banned from football for life by the Football Association though the ban was A er all he was a gambler and for him the gamble rescinded seven years later. Kay was failed. 28 years old when released from prison. He never returned to the For the lawyers amongst you, the tape recorded professional game, but did play some amateur football. He later spent admissions which Gabbe obtained from Kay twelve years in Spain, avoiding arrest during the course of his ‘s ng’ were adduced into for selling a counterfeit diamond. On evidence in court. This is believed to be amongst his return to the UK Kay was fined £400 and in later years he worked as a the first mes this had ever been done groundsman in south east London
17 STOP THE PRESS Grenada bust. It was said that Greaves, a Guyanese who lives in the USA, pulled up, opened the vehicle, An anti-drug operation by the Royal Grenada checked a bag and then drove off with it.When Police Force on 10th March 2014 yielded its the law enforcement agents allegedly found the biggest drug haul yet with a record 60 kilos of drug, he is said to have claimed that he did not cocaine. The drugs worth an estimated 6 million know what was in the bag. He allegedly said that dollars (EC) was discovered in a fishing trawler the person who asked him to collect it told him in the Lagoon Road area. Two persons have been that tools were in the bag. Instead cocaine with arrested and charged to date with investigations an estimated street value of $600,000 was found continuing. inside
(Read more at Now Grenada:http://nowgrenada.com/ (Read more in the Caribarena Antigua at: http:// 2014/03/record-drug-bust/ www.caribarenaantigua.com/antigua/news/police/ 106329-guyanese-stands-alone-in-major-drug- Saint Kitts and Nevis bust.html)
A former teacher was charged along with five Dominica others with Possession of Cannabis and Possession of Cannabis with Intent to Supply One Dominican and a Vincentian were arrested by after a cannabis seizure at Port Zante’s Marina. police following a major drug bust which took The Nevisian woman was allegedly involved when place south of Dominica on 16th April 2014. Some at about 1:30 p.m. on Wednesday (Apr. 9) a 678 pounds of alleged cannabis and 6 pounds of vehicle that she is believed to have driven alleged hashish, with a street value of $680,000 dropped off a box to the Nevisian Spirit, a XCD, were seized during the bust. According to vessel owned by the Four Seasons Resort on police PRO, Inspector John Carbon, the illegal Nevis. The Nevisian Spirit was at the time substances were discovered around 8:00 am on docked at the Port Zante’s Marina and members of Wednesday (April 16) during anti-drug operations the Royal Saint Christopher and Nevis Police conducted by members of the Drug Squad and Coast Force and the Saint Kitts-Nevis Customs and Guard.During the operation an open keel boat, Excise Department boarded the vessel and a named ‘Slick’ with registration number J7-178- search of the box found two bails of compressed PMH and powered by a 75 and a 85 horse power marijuana. The six accused had appeared before a engine, was also seized. City Magistrate on Friday (Apr. 11) and were each granted bail to the tune of $250 000 with two sureties. (Read more at Dominica News Online: http:// dominicanewsonline.com/news/homepage/news/crime- court-law/two-charged-cannabis-bust/) (Read more at SKN Vibes:http://www.sknvibes.com/ news/newsdetails.cfm/86774 Saint Lucia/UK
Saint Vincent and the Grenadines/UK A woman who smuggled £47,000 worth of cocaine in her vagina and was caught at Gatwick Airport in Following the report in Indictment 9 of the January has been jailed. Estelle Brett, 20, was death of a Vincentian in the UK after drinking returning from St Lucia and was arrested by cocaine laced fruit juice: http://www.bbc.co.uk/ Border Force officers after swab tests on her news/uk-england-hampshire-25548952 - a UK luggage produced a positive reaction for national (Nathon Smith) and Lisa Hooper have cocaine. Brett, from Brockley, refused to have been found guilty of an unrelated incident of an X-ray but admitted she had swallowed the possession with intent to supply, conspiracy to drugs and waited for them to pass through her export and conspiracy to traffic 1.2 kg of system to collect during the flight. She then liquid cocaine. Smith, who pleaded guilty, was hid the cocaine in her vagina. She pleaded sentenced to 2 years imprisonment and Hooper who guilty to drug importation charges at Croydon was found guilty after trial was sentenced to a Crown Court and was jailed for 32 months. Carole fine and two years imprisonment suspended for Upshall, of the Border Force, told International three years. Business Times: "This case shows the lengths smugglers will go to in their attempts to bring Antigua and Barbuda Class A drugs into the UK. Those who swallow packages like this are effectively risking their A Guyanese national Ndrew Greaves had his matter own lives." committed to the September assizes by the Chief Magistrate on 1st April 2014. The charges relate (Read more at AOL: http://travel.aol.co.uk/ to an operation led by the ONDCP on June 13, 2014/03/15/estelle-brett-smuggle-cocaine-vagina- 2013, after 20 kg of cocaine was found in a car gatwick-airport/ in which Greaves was travelling. The car in a parking lot that was being kept under surveillance by the ONDCP led to the major drug Follow for regional legal updates at: https://twitter.com/IndictmentEC 18 LEGAL NEWS FROM THE REGION - NEW LAWS The first quarter of 2014 saw new a live link (video-link) to give evidence money or other property that authorised laws in Grenada, Antigua and Barbuda (sec on 23); giving evidence in private officers reasonably suspect, is being used Dominica and Saint Lucia. (sec on 24); and video recorded to commit an offence under the Act. Grenada evidence in chief (sec on 25) or pre- recorded cross examina on (sec on 26). An authorised officer is defined in sec on 13A(4) and includes those The Protection of Witnesses Act Witness out of State: authorised by the Commissioner of 2014 Sec on 34 provides for witnesses out of Police or Comptroller of Customs. Investigation Anonymity: State, who may not be vulnerable, to At sec on 13A(3) the Act specifically See from page 6 of this edi on of apply for use of the live link. confirms that an authorised officer will Indictment for detail on the applica on The Interviewing of Suspects for not commit an offence where engaged in of these important new provisions for Serious Crimes Act 2014 the inves ga on of a suspected offence those assis ng inves ga ons. and the offence involves money or Witness Anonymity: Interviewing of Suspects property the officer reasonably suspects An applica on to the Magistrates or High New provisions are made for is being or may be used to commit an Court for anonymity (sec on 13) must electronically recording of suspect offence. However it would appear that sa sfy condi ons s pulated in sec on interviews. This is a mandatory the relevant Minister will need to issue 14. These include that an order is requirement for the serious offences Regula ons for the provision to apply. necessary to protect the safety of the listed in the First Schedule. Sec on 11 Eastern Caribbean Supreme Court witness, another person or serious also provides for an adverse inference to Civil Procedure (Amendment) damage to property (sec on 14(1)(a)(i)) be made by the court or jury when the Rules 2013 or to prevent real harm to the public suspect fails to men on any fact relied interest (sec on 14(1)(a)(ii)). When These rules gaze ed on 30th January upon in his defence when interviewed or considering the safety of the witness or 2014 will allow Appeals by way of Case another person, the court will have charged. Stated a er repeal and replacement of a regard to any reasonable fear on the part new Part 61. These are essen al reading of the witness that they will suffer death An gua and Barbuda for those pursuing an Appeal by way of or injury or there would be serious Case Stated in Dominica. The Proceeds of Crime damage to property if the witness was (Amendment) Act 2013 iden fied (sec on 14(2)). This of course Saint Lucia must be balanced with the right of the This new Act amends the Proceeds of Anti-Gang Act No.4 of 2014 defendant to have a fair trial (sec on 14 Crime Act No.13 of 1993. The Act will (1)(b)) and the court must consider the allow for confisca on in the Magistrates This Act will be a defence A orney’s credibility of the witness. This last point Court (sec on 18 - subject to a maximum dream! Whilst deba ng in Parliament is to be dis nguished from reliability and of $100,000 XCD), commi al for Prime Minister Anthony said that the a useful commentary on the dis nc on confisca on (sec on 18(3), pre charge judiciary would determine whether or can be found in Donovan and Kafunda v restraint (sec on 31). Significantly the not suspects accused of commi ng an R [2012] EWCA Crim 2749 see: h p:// Act allows for the recovery of the offence were indeed members of a gang. www.bailii.org/ew/cases/EWCA/Crim/ proceeds of crime through the civil “I’m not saying that this piece of 2012/2749.html Also see the Guide to courts (Part IIIA). This again follows the legisla on is perfect. As a ma er of fact Inves ga on and Prosecu on of Serious passage of similar legisla on in Dominica Organised Crime Part 1 from 5.5 for and Saint Vincent and the Grenadines (Opposi on legislator Richard Frederick) more detailed analysis and prepara on and marks a posi ve reform to take the may be right that the lawyers will have a of applica ons profit out of crime. field day (with it)....But I would prefer that the legisla on be in place and they Special Measures Dominica have a field day than it is not in place to The Act also provides for the use of deal with the problems that we have.” special measures for vulnerable The Criminal Law and Procedure witnesses. To determine if a witness is (Amendment) Act of 2014 (Read more at Jamaican Gleaner eligible, sec on 19 details the at:h p://www.jamaicaobserver.com/ This amendment inserts a new sec on considera ons for the Magistrates or latestnews/St-Lucia-Govt-wants-strong- 13A to allow for a controlled delivery of High Court. Special measures will include message-sent-to-criminal-gangs) 19 LEGAL NEWS FROM THE REGION - DECISIONS Sentencing - Unlawful Sexual time spent on remand from paragraphs 25 - that the claimant and the business were one Intercourse and Child Pornography 33 with an analysis on Callachand v The and the same person. State [2008] UKPCA 49 and the Barbadian http://www.eccourts.org/wp-content/files_mf/ The Queen v Sylon Forbes BVI High Court case before the Caribbean Court of Justice untitledattachment00052.pdf Case No.5 of 2013 - This judgment delivered Romeo de Costa Hall v The Queen CCJ on 9th April by Byer J. provides a very useful Appeal No. Cr. 1 of 2010 [2011] CCJ 6 (AJ) analysis of the sentencing guidelines for Murder - Provocation and Accident http://www.eccourts.org/wp-content/files_mf/ sexual offences including the consolidated Che Gregory Spencer v DPP St Kitts and thequeenvcolemanbaptiste.pdf criminal cases of Winston Joseph v The Nevis Court of Appeal 2009/13A - Following Queen, Benedict Charles v The Queen and misdirections by the trial Judge to the jury on Glenroy Sean Victor v The Queen. Sentencing - Indecent Assault provocation and accident the conviction was The Queen v Walter Cameron BVI High quashed and an order made that the DPP be lByer J at paragraph 27 agrees with Court Case No.7 of 2013 - This judgment at liberty to retry Mr Spencer. In short the trial Stephenson – Brooks J in the case of R v delivered on 14th March by Byer J. details Judge had failed to direct the jury that Webster Edmond that: “...this is a very the principles of sentencing and the relevant provocation can still be a defence to murder serious offence that merits a custodial authorities. The facts relate to touching over even where a defendant intends to kill or sentence of a length sufficient to punish the clothing towards the vagina area of the cause grievous bodily harm to the deceased. offender, deter others and to emphasize the victim, aged 43, who was the defendant’s By directing the jury that the appellant had need to protect young girls from sexual neighbour. The defendant, who was been “for the moment not master of his exploitation and corruption.” and imposed a convicted after trial, was a man of good mind” would have effectively conveyed to the sentence of 5 years for the offence of sexual character, married with three children and jury that he would not have been able to form intercourse with a girl over the age of 13 and aged 62. The sentence imposed in view of the necessary intention to kill or cause under the age of 16. In relation to the child the aggravating features of age difference, grievous bodily harm. On the evidence pornography offence this was the first breach of trust and the unwanted advances presented the jury may have easily found that conviction since the legislation was passed in which occured three times was 12 months the appellant had formed an intention to kill. 2007. Therefore Byers J looks to sentencing imprisonment suspended for 18 months and As a result, the appellant might have been authorities from Canada (R v Sharp 2001 a fine of $5,000.http://www.eccourts.org/wp- deprived of a verdict of not guilty of murder SCC 2) and Australia (R v Booth [2009] content/files_mf/ but guilty of manslaughter. In relation to NSWCCA 89; R v Missions [2005] NSCA 82; final_draft_walton_cameron3.pdf accident the Judge should have made it clear and Mouscas v R [2008] NSWCCA 181) for to the jury that it wasn’t for the appellant to assistance in resolving a sentence of three prove, but for the prosecution to negative so years imprisonment. There is also a helpful Unlawful Search as to make them feel sure beyond all discussion for practitioners from paragraphs Gomes and Francis v Commissioner reasonable doubt that it was not an accident 49 -54 on totality and whether the sentence of Police and Attorney General Antigua and and was a wilful act. http:// for the child pornography should run Barbuda High Court - This Judgment refers www.eccourts.org/wp-content/files_mf/ consecutively. http://www.eccourts.org/wp- to an alleged strip search in contravention of chegregoryspencervthedppskbfinal.pdf content/files_mf/ the first claimant’s rights guaranteed under sentencing_judgment_sylon_forbes_amende section 10 of the Constitution and a search of Murder - Identification d_31.pdf the second claimant’s property in Yourrick Furlonge v The Queen Antigua and contravention of the same section. In relation Barbuda Court of Appeal 2009/13A - In this For another sentencing judgment, delivered to the first matter Cottle J finds (paragraph appeal identification/recognition evidence on 14th March 2014 that provides a useful 10): “Without wishing to lay down any general was central to the prosecution case. It was commentary on the sentencing principles for guidelines as to the lawfulness of strip held that: “A trial judge is not required to unlawful sexual intercourse see The State v searches, it would seem to me that if a search slavishly use the words set out in the case of TP Dominica High Court is carried out for a valid objective in the R v Turnbull in directing a jury on pursuit of criminal justice, such as the identification/recognition evidence. All that is Sentencing - Rape discovery of evidence, and the search is not required is for the judge to use words which The Queen v Coleman Baptiste Grenada done in an abusive fashion then such a assist the jury in their approach to the High Court Case - This judgment delivered search may well be justified under section 10” assessment of the evidence; it will suffice if on 27th March by Persad J goes through well In relation to the second matter, where a the judge’s “directions comply with the sense trodden ground on sentencing principles and search was conducted of a premises in the and spirit of the Turnbull guidelines.” http:// guidelines for rape. However the judgment is name of business, Cottle J had no hesitation www.eccourts.org/wp-content/files_mf/ interesting in relation to the discussion on in lifting the corporate veil, and determining anuyourrickfurlongevthequeenfinalapproved.
20 LEGAL NEWS FROM AROUND THE WORLD - PART 1 Confiscation had made a plea on a mistaken legal basis only on the basis of findings that might [48–49]. have been made by the trial judge, but R v Mackle [2014] UKSC 5 were not in fact. The trial judge would have It is to be remembered that a court must This judgment from the Supreme Court had to have been satisfied that the itself decide whether the convicted person relates to consent orders for confiscation appellants had in fact benefited from the has benefited from his particular criminal orders on the duty evaded for importation offences in such a way, having given them conduct. The power to make a confiscation of cigarettes. The questions of law of the opportunity of responding to that order arises only where the court has made general public importance from the Court suggestion [55–56]. that determination. A defendant’s consent of Appeal were: cannot confer jurisdiction to make a In any event it was clear from previous 1. Is a defendant who pleaded guilty to confiscation order. This is particularly so House of Lords authority that merely being knowingly concerned in the where the facts on which such a consent is handling goods or being involved in a joint fraudulent evasion of duty and who based cannot as a matter of law support criminal enterprise does not in itself confer consents, with the benefit of legal advice, the conclusion that the defendant has a benefit. Lord Kerr therefore answered the to the making of a confiscation order in an benefited. On the other hand, if it is clear second question, ‘Not necessarily. Playing agreed amount in circumstances which from the terms on which a defendant an active part in the handling of goods so make clear that he does not require the consents to a confiscation order, that he as to assist in their commercial realization Crown to prove that he obtained property has accepted facts which would justify the does not alone establish that a person has or a pecuniary advantage in connection making of an order, a judge, provided he is benefited from his criminal activity. In order with the charged criminal conduct bound satisfied that there has been an to obtain the goods for the purposes of by the terms of the confiscation order? unambiguous acceptance of those facts section 156 of POCA 2002 or article 8 of 2. Does a defendant, who knowingly from which the defendant should not be the Proceeds of Crime (Northern Ireland) comes into physical possession of dutiable permitted to resile, will be entitled to rely Order 1996, it must be established by the goods in respect of which he knows the on the consent. This is not because the evidence or reasonable inferences drawn duty has been evaded and plays an active defendant has consented to the order. It is therefrom that such a person has actually role in the handling of those goods so as to because his acceptance of facts itself obtained a benefit.’ [57–68]. assist in the commercial realisation of the constitutes evidence on which the judge is The Court therefore quashed the goods, benefit from his criminal activity by entitled to rely [50]. confiscation orders and remitted the cases obtaining those goods for the purposes of It would be manifestly unfair to require the to the trial courts to proceed afresh in light section 158 of the Proceeds of Crime Act appellants in this case to be bound by their of this judgment [69]. 2002? consent to the confiscation orders when See more at: http://www.bailii.org/uk/ the only possible explanation for the Lord Kerr gave the Judgment of the Court: cases/UKSC/2014/5.html consent was that it was given under a As to the first question, the prosecution mistake of law. That was the explanation had firmly espoused the case that the they had put to the Court of Appeal, and Abuse of Process benefit obtained by the appellants took the the prosecution had not challenged it [53]. Morris v DPP [2014] EWHC 105 (Admin) – form of a pecuniary advantage derived And the confiscated amounts Useful judgment detailing principles of from evasion of the duty on the cigarettes. corresponded exactly to the duty and VAT abuse of process and application where it This basis of benefit was, unsurprisingly, evaded. was submitted that the appellant couldn’t accepted uncritically by the sentencing have a fair trial where the police failed to judges. But since the appellants’ liability to Lord Kerr therefore reframed the first interview potential witnesses See more at pay duty could not be established this was certified question to reflect the - http://www.crimeline.info/case/morris-v- not a correct legal basis on which to find circumstances of this case: ‘Is a defendant director-of-public-prosecutions that the appellants had obtained a benefit precluded from appealing against a [47]. confiscation order made by consent on the ground that the consent was based on a Joint Enterprise In holding that they might nonetheless be mistake of law, as a result of wrong legal L v Crown Prosecution Service [[2013] bound by the orders, since they were made advice?’ The answer is, ‘No.’ [54] EWCA 4127 (admin) – Essential reading for with the appellants’ consent, it appears those who want to understand the guiding that the Court of Appeal had not been As to the second question, the Court of principles for joint enterprise. See more at: referred to decisions of the House of Lords Appeal dismissed the appeals because it hhttp://www.crimeline.info/uploads/cases/ and the Court of Appeal of England and considered the appellants could have been 2013/lvcps.pdf Wales which established that an appeal found to have benefited from their admitted ought to be available to defendants who criminal conduct. But it advanced this view
21 LEGAL NEWS FROM AROUND THE WORLD - PART 2 Money Laundering can be expected to be astute to emphasise held that the answer will depend on the that to a jury. Even so, as observed by Lord circumstances, including when the drugs Holt v Attorney General [2014] UKPC 4 - Hope in paragraph 62 of his speech in Saik, were obtained and by whom. This is a This appeal relates to a solicitor who was the margin between knowledge and matter to beware of as it may have representing a prominent client (Baines) and suspicion is perhaps not all that great, at all implications for other cases of this his wife and whether she became involved events where the person has reasonable particular kind. For example price of “vincy in an arrangement where the legal fees her grounds for his suspicion. Where a weed” in Saint Vincent and its price outside firm and counsel were paid, were in their defendant can be shown deliberately to of Saint Vincent. See more at http:// hands, the proceeds of crime. The Privy have turned a blind eye to the provenance www.bailii.org/ew/cases/EWCA/Crim/ Council found that the Deemster’s (Judge in of goods and deliberately to have failed to 2014/333.html the Isle of Man) directions to the jury were ask obvious questions, then that can be deficient and fatal to the safety of the capable, depending on the circumstances, R v King [2014] EWCA Crim 621 - A convictions. In giving his judgement, Lord of providing evidence going to prove confiscation order with a benefit figure of Hughes said: knowledge or belief. However, all this will be £109,970 (based on turnover of a business “...The jury might well have thought this an something for the prosecutors to consider that was criminal in nature), where the profit unlikely scenario if she was acting by reference to the circumstances of future would have been approx. 10% of that dishonestly in support of suspected crime cases. See more at -http:// figure, was 'severe but not by Baines. Moreover, the jury might well www.crimeline.info/case/r-v-pace-and- disproportionate'. If the transaction is have thought that to take active steps to rogers inherently unlawful because of the manner enquire about security for a loan, to in which it is conducted, that finding ascertain the terms as to interest, and to Abuse of Process militates in favour of making an order that is draw up a formal agreement all once again directed at the gross takings of the R v Downey Central Criminal Court – Abuse involving her colleague Ms Dudgeon, were business. See more at http://www.bailii.org/ of process judgment delivered by Sweeney events more consistent with a lack of guilty ew/cases/EWCA/Crim/2014/621.html J on 21st February 2014 in the Hyde Park knowledge than with its presence...It does Bombing trial. See more at: http:// not appear to have been suggested that Ms www.judiciary.gov.uk/Resources/JCO/ Restraint Dudgeon knew or suspected criminal origin Documents/Judgments/r-v-downey-abuse- ARA v Rose [2014] JMSC Civ 11 - This is of the £400,000. The appellant had after all judgment.pdf an important authority from Jamaica on been taken in by Baines just as the bank what should be a straight forward issue - had.” See more at: http://jcpc.uk/decided- Confiscation i.e. applying for a restraint order in State A cases/docs/ R v Onuigbo [2014] EWCA Crim 65 - there where criminally acquired assets are JCPC_2012_0046_Judgment.pdf maybe some relevance for the region for the located but where the substantive criminal proceedings are in State B. The Jamaican R v Pace and Rogers [2014] EWHC Crim following issues raised: (1) How to decide Court of Appeal made it clear a restraint 186 - This maybe of academic interest to which confiscation scheme applies (see cannot be applied for under their Proceeds those interested on the often disagreed paragraphs 31-36) in view of amendments of Crime legislation on the basis of a upon principles of attempt. However, in and new Acts, (2) The determination of conviction in another jurisdiction (Canada) view of possible application to money benefit was flawed due to prosecutor error where there is no present investigation or laundering in the region, it was held that a and unfairness during the proceedings, (3) proceedings before the courts in the mere suspicion is not sufficient to support a The procedure where solicitors previously jurisdiction the restraint is applied for conviction for the offence of attempting to instructed sought to exercise a lien over (Jamaica). The proper course of action is to conceal, disguise or convert criminal papers. See more at: http://www.bailii.org/ apply for registration of an overseas property, contrary to section 327(1) of the ew/cases/EWCA/Crim/2014/65.html restraint order through the appropriate Proceeds of Crime Act 2002. The procedures for mutual legal assistance. prosecution must prove that the defendant Elsayed v The Crown [2014] EWCA Crim With Thanks to Chief Magistrate Smith for knew the property to be criminal property. 333 - This appeal raises a point about the sending this Judgment. The Court observed that this may or may valuation of benefit for drugs. The judge not create problems for prosecutors. They decided, in the circumstances of the case, If you have any other Judgments from observed that there in any event may well that the value of the drugs obtained by the the region or elsewhere, that would be be, in an appropriate case, other charges appellant was to be assessed on a retail useful to share, please don’t hesitate to potentially available: such as, for example, basis. The appellant contended that the contact Indictment so we can include in attempted handling. Those necessarily will, judge was wrong to do so. It was argued on the next edition. require proof of a higher level of mens rea his behalf that the judge was obliged to ([email protected]) than suspicion: and of course defendants value the drugs on a wholesale basis. It was 22 demonstrates a commitment to greater INDICTMENT AWARDS access to justice and its use should see ....AND FINALLY In January ASP Cuffy (Dominica), ASP court delays reduced. The Practice Is this the world’s toughest cop? http:// James (Saint Vincent and the Grenadines), Directions for all practitioners on the link’s www.dailystar.co.uk/news/latest-news/ Director of Public Prosecutions Anthony use are available at: http:// 376131/Meet-the-man-who-thinks-he-the- Armstrong (Antigua and Barbuda) and www.eccourts.org/wp-content/uploads/ world-s-toughest-cop Director of Public Prosecutions Colin 2012/09/ECSC-Practice-Direction-1- Williams (Saint Vincent and the of-2014-PVL-SLU-Final.pdf Grenadines), were presented with their honorary plaques for their Indictment SENTENCE INDICATIONS Awards. ASP Cuffy (pictured below) when Also in another effort to reduce delays a presented with his award said, “I’m very sentence indication Practice Direction is much delighted to be selected by the now in force in Saint Lucia and Saint persons of high office…this award is one Vincent and the Grenadines see: http:// that is a true manifestation of hard work,” www.eccourts.org/practice-directions/ See Indictment 3 page 5 for benefit of sentence indications http://eccourts.org/ public_info/other/Indictment3.pdf NEW WEBSITE COMING SOON! “Now, all the criminals In an effort to bring you more access to in their coats and LAUNCH OF THE PRISON legal updates our Indictment website will their ties are free to drink be available soon! This will include the Martinis and watch the sun VIDEO LINK IN ST LUCIA new Fifth Edition of the Guide to rise” On 9th April the Chief Justice of the Investigation and Prosecution of Bob Dylan lyrics from protest Eastern Caribbean Supreme Court Hon. Serious Organised Crime and other song “Hurricane” penned after Dame Pereira, launched the British High tools to improve case preparation, assist the imprisonment of Rubin Carter for a crime he didn’t Commission funded prison video link. This witnesses/victims and improve asset recovery. commit and who died on 20th April 2014 INDICTMENT FUNDED BY
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